LAWS(ORI)-2013-3-26

RANJIT RANJAN NAYAK Vs. STATE OF ODISHA

Decided On March 12, 2013
Ranjit Ranjan Nayak Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to issue a writ in the nature of mandamus commanding opposite parties, particularly opposite party No.6 -Block Development Officer (for short, "B.D.O."), Balianta to allow the petitioner to join in Bodakhandi Melak Project Primary School, Balianta treating his qualification Diploma in Special Education (Mental Retardation) equivalent to C.T. qualification.

(2.) PETITIONER 's case in a nutshell is that he applied for the post of Sikshya Sahayak in respect of Balianta Block pursuant to advertisement published in Odia Daily, "The Samaja" on 14.10.2006. His application was duly scrutinized and he was selected and engagement order was issued in his favour vide Order No.1917 dated 23.12.2006 by the Collector -Cum -Chief Executive Officer, Zilla Parishad, Khurda. Even though the petitioner has been appointed as Sikshya Sahayak and posted in Badakhandi Melak Project Primary School, the B.D.O., Balianta has not allowed him to join in his service on the ground that the certificate produced by the petitioner is Diploma in Special Education (Mental Retardation) which is not equivalent to C.T. qualification of Board of Secondary Education, Odisha. Being aggrieved, the petitioner approached Opp. Party No.1 -Commissioner -Cum - Secretary, School and Mass Education Department, Odisha and opposite party No.3 -Collector, Khurda by filing representation for issuance of order to the B.D.O., Balianta to allow him to join in the place of posting. Since no action was taken on such representation, the petitioner has filed this writ petition.

(3.) MR . B. Satpathy, learned counsel appearing for the petitioner submitted that the petitioner passed Matriculation in 2nd Division in the year 1993. He passed +2 Science in 1996 and +3 Science in 1999. He passed Diploma in Special Education (Mental Retardation) conducted by Rehabilitation Council of India, Ministry of Social Justice and Employment, Government of India in 2006. According to Mr. Satpathy, such qualification is equivalent to C.T. qualification of the Board of Secondary Education, Odisha. It was submitted that the Diploma in Special Education (Mental Retardation) has been recognized by the Directorate of Teachers Education and SCERT, Odisha, Bhubaneswar vide order dated 18.06.2005 and treated the same as equivalent to Certified Teachers (C.T.) offered by the Board of Secondary Education, Odisha. The Government of Odisha in Women and Child Development Department vide order No.5203 dated 7.3.2005 directed all the Collectors of the districts to treat the Diploma course in Special Education as equivalent to Certified Teachers (C.T.) qualification recognized by the Education Department. Since the opposite parties have accepted application filed by the petitioner and after scrutinizing the same, issued the order of engagement to the petitioner, they are estopped from saying that qualification possessed by the petitioner is not equivalent to C.T.